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in his own defense, if you are sedated even on a sedation holiday, can you see any circumstance where that could be considered competency? >> absolutely not. and that's why he needs to have a lawyer present. the idea that a lawyer is not there when a judge is talking to him and that the judge is -- if it's happening, is playing this game with the prosecutors of appearing, not warning him of his right to have council, this raises serious problems. this escalates the issue beyond government officials, beyond police officials or fbi officials trying to deny him his rights, to the judiciary denying him his rights if in fact the magistrate didn't warn him of his right to council and didn't really wait until a lawyer was there. the public defender's ready to come into this case. they're 15 minutes away from the hospital. there's no reason why if it's true, now we don't know the facts, a lawyer was not present with him when that magistrate appeared in his hospital room. >> well, let's hope there was one. and for anybody who thinks he doesn't need a lawyer and why should we protect this man's
, neutral jurors, with the government presenting its case and defense challenging it. that's the system. look, we have that system here because the kings of england didn't always give justice to the colonists. and we fought a revolution and wrote a constitution to assure that the federal government here, and the states here, could not treat us without justice, could not punish us without a jury trial. to interrogate him and not advise him of his right to remain silent, to take to guantanamo bay, to treat him as if he were a soldie soldier froa foreign government to kill americans is not just, and nowhere authorized under the law. the rule of law exists before the crime, and that the law be followed when you're prosecuting this person as it existed at the time of the crime. there's no provision for the president of the united states to take this guy, as horrendous as we believe he is, as profound the evidence of his guilt, away from the criminal justice system and ship him to guantanamo bay. i'll make senator graham's argument for him. if this guy is really a soldier from a foreign count
and prosecute him in federal court. >> you don't want to turn over intelligence gathering to a criminal defense lawyer and the terrorist. you want to be able to gather tell without a lawyer present. under the law of war there is no right to a legal counsel when you're being questioned for national security purposes. i hope the obama administration will allow us that option that exists in our law. they have a very bad track record here. >> reporter: fox news is told investigators are probing a potential link to a islamist group as first reported on fox over the weekend. they were responsible for the attack on moscow airport. in response the group issued a statement saying their disagreement is with russia. they did not deny knowing the brothers. also according to one source who has reviewed that, they were undercut in their claims trying to deny any connection because they pointed the finger as russia as being responsible for these bombings which of course there is no evidence to support that, jon. jon: catherine herridge, lots of tangled leads to unravel here. catherine, thank you. >> reporter:
, fbi and department of defense and u.s. attorney. how do you investigate a guy like this? >> he will be interrogated. all you can do is write his answers down. this will happen. it will happen as soon as possible. they are not going to give them a lot of leeway here. there are important questions they have to follow up on from an operational standpoint. people want to ask why did you do this? important is who helped you? who was your brother in contact with during his time overseas. was there a support structure we can get on immediately. there are literally at the door of his hospital room standing by as soon as it is able to happen he was on him. >> can you tell us about this and that and the guy says, you know what, i don't want to tell you about anything. you have a cold blooded killer or someone alleged to be that. you think he is going to just breakdown and friendly say, yeah, i'll tell you why my brother did this and we were funded by this one. you think talking to him you are going to get him to spill the beans? >> he will be in the u.s. system now. if he declines to say
Search Results 0 to 4 of about 5 (some duplicates have been removed)